395.24(a): Driver Using Non-Compliant AOBRD

What happens when you're cited for using an automatic on-board recording device that doesn't meet FMCSR requirements—and what it means for your record.

Severity Weight
4
OOS Eligible
No
BASIC Category
Hours of Service
Code System
FMCSR
Code:
395.24(a)
Code System:
FMCSR
BASIC Category:
Hours of Service
OOS Eligible:
No
Severity Weight:
4
Violation Group:
BASIC 2

Ranks #3,037 of 3,146 FMCSR codes by citation frequency.

Violation Description

Driver using an automatic on-board recording device that does not meet the requirements.

In-Depth Explainer

Grounded in TruckCodex roadside-inspection data

What 395.24(a) means in plain language

AOBRD stands for automatic on-board recording device. The FMCSR require that any device you use to record your hours of service—whether it's an older AOBRD or a modern electronic logging device (ELD)—must meet specific technical and functional standards set by the Federal Motor Carrier Safety Administration.

When you're cited under 395.24(a), it means a safety officer determined that the device in your truck wasn't compliant with those standards. This could mean the device was malfunctioning, outdated, or didn't have the required features to accurately capture your on-duty and off-duty time. The violation isn't about what you recorded—it's about what tool you used to record it.

This is distinct from falsifying records or failing to certify your logs. The focus here is on the equipment itself. If your device is non-compliant, you shouldn't be relying on it as your official record of duty status.

What our enforcement data actually shows

Across our database of 13 million+ roadside inspection records, we have recorded 0 citations for 395.24(a) in the last 12 months, with 0 citations in the last 90 days. Our all-time citation count for this code is also 0.

Because there are no enforcement records for this code in our dataset, we cannot calculate an out-of-service rate. However, 395.24(a) is marked as not OOS-eligible, meaning even if you were cited, the violation alone would not result in your vehicle being placed out of service on the spot.

The rarity of this citation is notable. It suggests either that most drivers and carriers have adopted compliant devices, or that enforcement focus has shifted to other hours-of-service violations. By contrast, the related code 395.24 (HOS ELD - Form and Manner) has generated 106,486 citations in our records, indicating that enforcement activity around electronic logging devices is concentrated on how drivers use the devices rather than whether the devices themselves meet minimum standards.

Who gets cited most

Because our enforcement data contains zero citations for 395.24(a), we cannot identify top states or carriers for this specific violation. The absence of citations in our 13 million-record database suggests this is an exceptionally rare violation in roadside enforcement practice.

If you have been cited for 395.24(a), you are in a very small group. This rarity does not mean the violation is minor—it reflects that most commercial operations have already moved to compliant equipment, or that this particular violation is difficult to detect and enforce at the roadside.

How severe is this compared to similar codes

Within the hours-of-service category, several related violations are cited much more frequently. The broad code 395.24 (HOS ELD - Form and Manner) accounts for 106,486 citations with a 0.0% out-of-service rate, suggesting it typically addresses documentation or procedural issues rather than equipment failures. False record of duty status (395.8E-HOSPD) has 83,660 citations and a 9.6% OOS rate, indicating it carries more serious enforcement consequences.

At the severe end, codes like 395.8A1-HOSP (failing to have a record of duty status using the prescribed method) show a 92.9% OOS rate with 52,266 citations, and 395.8(a)(1) (not using the appropriate method to record hours of service) has a 93.2% OOS rate across 39,561 citations. These suggest that enforcement is far more aggressive when drivers lack records or use wrong methods than when a device itself is non-compliant.

The CSA severity weight for 395.24(a) is 4, placing it in the lower-to-moderate range of enforcement concern relative to the full FMCSR code set.

How to avoid it

Since 395.24(a) focuses on the compliance status of your recording device, prevention is straightforward:

  • Verify your device meets current FMCSR standards. If you're using an AOBRD (older automatic system), check with your carrier or the device manufacturer to confirm it was certified before the 2016 ELD mandate. If it wasn't, you need to switch to a compliant ELD immediately.

  • Know the difference between AOBRD and ELD. AOBRDs were grandfathered under FMCSR rules for drivers who were using them before December 18, 2017. If your device predates that window or was not on the approved list, it is not compliant. Many carriers have already removed non-compliant devices from their fleets.

  • Do a pre-trip device check. Before each shift, power on your recording device and confirm it's functioning. A malfunctioning device that looks compliant but isn't capturing data correctly could trigger a citation. Log a note with your carrier if you suspect a malfunction and request a replacement.

  • Coordinate with your fleet on equipment updates. If you drive for a carrier, don't assume your device is compliant. Ask your safety or compliance team directly. New drivers or drivers moving between equipment types are at higher risk of being assigned a non-compliant device by mistake.

  • Understand your carrier's device policy. Some fleets use proprietary or integrated ELD systems. Know which device you're required to use and confirm it's on the FMCSA's list of approved ELDs. If your carrier tells you to use a specific device, verify independently that it's registered with the agency.

The fact that 395.24(a) citations are virtually absent from our enforcement database suggests that this violation is either rarely encountered or rarely cited. That doesn't mean you can ignore it—it means the pathway to avoiding it is clear: ensure your device is on the approved list and is functioning correctly.

Last updated: 2026-04-20T18:19:39.972Z Based on TruckCodex inspection data See 395.24(a) Q&A → Fleet FAQ →

Data sources & freshness

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Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

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Cross-border carrier registry and Canadian recall campaigns where applicable.

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TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.